Beneficial Use of Water in a Riparian Jurisdiction

G. Graham Waite, The Catholic University of America, Columbus School of Law


In many humid states, water uses are subject to rights of riparian owners-those whose property abuts a natural watercourse. What are the constraints on water uses imposed by traditional riparian doctrines? Are riparian rights property so that compensation is constitutionally required whenever there is a "taking" of this property? How can uses most beneficial to modern society be accomodated to riparian doctrine? Focusing on Wisconsin and Indiana, Professor Waite examines these problems. He suggests solutions "by application of administrative techniques which can help the courts implement already recognized riparian concepts."